Archives for October 2009

Effective Sept. 30, 2009, Arizona has joined a growing number of states* that have passed laws prohibiting public or private employers from restricting an employee’s right to transport or store a firearm that is both:

in the person’s locked and privately owned motor vehicle or in a locked compartment on the person’s privately owned motorcycle; and

not visible form the outside of the motor vehicle or motorcycle.

Exceptions to this law include:

The possession of a firearm is prohibited by federal or state law;

The motor vehicle is owned or leased by the employer and is used by an employee in the course of employment; and

The employer provides a parking lot, parking garage or other area designated for parking motor vehicles that:

is secured by a fence or other physical barrier;

limits access by a guard or other security measure; and

provides temporary and secure firearm storage readily accessible upon entry into the premises and allows for the immediate retrieval of the firearm on exit from the premises.

According to the statute, “any policy or rule that is established or maintained or the attempted enforcement of any policy or rule that is in violation of [the statute] is contrary to public policy, is null and void and does not have legal force or effect.” The statute does not specify any criminal or civil penalties for violators.

Employers should review their existing workplace safety policies and enforcement practices to determine whether they run afoul of this statute and modify to conform to the new law. As always, I am available to assist with this review.